Last updated: July 20, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Minister of Health
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

A manufacturer who violates provisions regarding health warnings and required other information, or who violates the provision prohibiting promotion by means that misleading or deceptive regarding the health characteristics of a product, is subject to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or both. Fines may be imposed for each day the violation continues, as a separate offense.

If a court finds that the offender accrued any monetary benefit from the offense, a court may also impose additional fines equal to the amount of those monetary benefits.

Other penalties may include: seizure of the products; prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Ministry for the cost of any remedial or preventative action taken.

Importer

Minister of Health
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The definition of “manufacture” includes importing tobacco products. Therefore, the penalties that apply to manufacturers also apply to importers.

An importer who violates provisions regarding health warnings and required other information, or who violates the provision prohibiting promotion by means that misleading or deceptive regarding the health characteristics of a product, is subject to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years, or both. Fines may be imposed for each day the violation continues, as a separate offense.

If a court finds that the offender accrued any monetary benefit from the offense, a court may also impose additional fines equal to the amount of those monetary benefits.

Other penalties may include: seizure of the products; prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Ministry for the cost of any remedial or preventative action taken.

Wholesaler

Minister of Health
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The definition of “manufacture” includes distributing tobacco products. Therefore, the penalties that apply to manufacturers also apply to wholesalers.

A wholesaler who violates provisions regarding health warnings and required other information, or who violates the provision prohibiting promotion by means that misleading or deceptive regarding the health characteristics of a product, is subject to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years, or both. Fines may be imposed for each day the violation continues, as a separate offense.

If a court finds that the offender accrued any monetary benefit from the offense, a court may also impose additional fines equal to the amount of those monetary benefits.

Other penalties may include: seizure of the products; prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Ministry for the cost of any remedial or preventative action taken.

Retailer

Minister of Health
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

A retailer who violates provisions regarding health warnings and required other information is subject to a fine not exceeding $50,000. Fines may be imposed for each day the violation continues, as a separate offense.

If a court finds that the offender accrued any monetary benefit from the offense, a court may also impose additional fines equal to the amount of those monetary benefits.

Other penalties may include: seizure of the products; prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Ministry for the cost of any remedial or preventative action taken.